DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
As directed by the amendment received on March 16, 2026, claims 1, 3, 13, 16-17, have been amended. Claim 23 is new. Claims 7, 19, and 21 were previously canceled. Accordingly, claims 1-6, 8-18, 20, and 22-23 are currently pending in this application.
Response to Amendment
The amendments filed with the written response received on March 16, 2026, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated December 17, 2025, are hereby withdrawn unless specifically noted below.
Claim Objections
Claim 16 is objected to because at line 25, “the two uninterrupted portions” should read “the two uninterrupted portions of fabric”. Claims 17-18, 20, and 22 are also objected to for being dependent on objected to claim 16.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-6, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0016238 to Camilleri (hereinafter, “Camilleri”), in view of US 2020/0037675 to Schutz (hereinafter, “Schutz”), in view of US 2021/0219628 to Rendone (hereinafter, “Rendone”), and in view of USPN 6,347,413 to Sciscente et al. (hereinafter, “Sciscente”).
Regarding claim 1, Camilleri teaches athletic shorts (See Camilleri, Figs. 2-4 and 20; pants (100) can be shorts as depicted in Fig. 20; shorts (100) are capable of being used during athletic activities; abstract; [0034], [0058]), comprising: a front fabric panel formed of a first type of fabric and configured to cover a portion of a front side of a wearer (See Camilleri, Figs. 2-4 and 20; front pieces (110) of shorts (100) formed of a first fabric and capable of covering a portion of a front side of a hypothetical wearer; [0056]; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)); a back fabric panel formed of a second type of fabric and joined to the front fabric panel and configured to cover a portion of a back side of the wearer (See Camilleri, Figs. 2-4 and 20; back piece (116) of shorts formed of a second fabric and capable of covering a portion of a back side of a hypothetical wearer; back piece (116) is joined to front piece (110) along side seams (160)), wherein the back fabric panel has a greater area than the front fabric panel (See Camilleri, Figs. 2-4 and 20; back piece (116) has a greater area than front piece (110)); wherein the front fabric panel has a first length in a longitudinal direction extending from an upper end of the athletic shorts to a lower end of the athletic shorts, the back fabric panel has a second length in the longitudinal direction (See Camilleri, Figs. 2-4 and 20; front piece (110) and back piece (116) of shorts (100) each have respectively lengths in the longitudinal direction extending from upper end to lower end of shorts (100)); wherein the back fabric panel comprises an upper end, a lower end, a left edge, a right edge (See Camilleri, Fig. 20; back piece (116) includes upper end proximate waistband (106), lower end at leg openings, and left and right edges at side seams (160)), and a unitary piece of the second type of fabric that spans from the upper end of the back fabric panel to the lower end of the back fabric panel and from a left edge of the back fabric panel to the right edge of the back fabric panel (See, Camilleri, Figs. 2-4 and 20; back piece (116) is a single piece of fabric spanning between upper, lower, and left and right edges; [0047]).
That said, although the front panel and the back panel of Camilleri have a first length and a second length, respectively, Camilleri is silent to the first length being less than the second length.
However, Schutz, in a related lower body garment art for a wheelchair user, is directed to a pair of adaptive pants for a wheelchair user (See Schutz, Figs. 1A-2; abstract). More specifically, Schutz teaches a front panel and a back panel of a lower body garment having first and second lengths, respectively, the first length being less than the second length (See Schutz, Fig. 2; height of back panel of garment (100) has a greater height than that of a front panel; [0042]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to gradually increase the length of the shorts of Camilleri from front to back as disclosed by Schutz in order to allow for a more comfortable fit for a user while in a seated position, such as when seated in a wheelchair (See Schutz, [0042]; abstract).
That said, the modified athletic shorts of Camilleri is silent to the second type of fabric being different from the first type of fabric and wherein the second type of fabric comprises a fabric weight heavier than a fabric weight of the first type of fabric.
However, Rendone, in a related sport garment art, is directed to a sports garment, such as a bra, formed of differing front and back fabric panels (See Rendone, Figs. 10-12; abstract). More specifically, Rendone teaches the second type of fabric being different from the first type of fabric and wherein the second type of fabric comprises a fabric weight heavier than a fabric weight of the first type of fabric (See Rendone, Figs. 10-12; front panel (1150) of garment comprises a fabric material lighter than a fabric material of back panel (1200); [0096], [0099]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the front of the modified athletic shorts of Camilleri from a lighter weight material type than a back of the garment as disclosed by Rendone for a variety of reasons including for example, but not limited to, reducing a weight of the garment overall (See Rendone, [0096], [0099]).
That said, the modified athletic shorts of Camilleri is silent to left and right pockets located between the front fabric panel and the back fabric panel.
However, Sciscente, in a related garment art, is directed to a lower body garment having a pair of pads positioned in pockets (See Sciscente, Figs. 1-9; abstract). More specifically, Sciscente teaches to left and right pockets located between the front fabric panel and the back fabric panel (See Sciscente, Fig. 9; shorts (16) include pads (10) positionable in respective pockets on hip portions of shorts which would be located between the front and back panels of the resulting modified athletic shorts of Camilleri discussed below).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the hip pockets and pads of Sciscente at hip portions of the modified athletic shorts of Camilleri in order to provide padded protection at a hip area of the wearer for lessening injury from impacts (See Sciscente, Col. 1, lines 24-34). As a result of the above modification, the pockets and pads of Sciscente would be located between the front fabric panel and the rear fabric panel of Camilleri.
Regarding claim 2, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) further teaches wherein: a lateral direction is defined perpendicularly to the longitudinal direction, and the back fabric panel is joined to the front fabric panel at lateral seams (See Camilleri Figs. 2-4 and 20; front piece (110) and back piece (116) are joined along lateral seams (160), the lateral direction being perpendicular to the longitudinal direction).
Regarding claim 4, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) further teaches wherein the portion of the back side of the wearer extends higher on the wearer than the portion of the front side of the wearer (See Schutz, Figs. 1A-2; the modified athletic shorts of Camilleri as described above as modified by Schutz extend higher on back side of wearer than front side; Examiner notes that the limitation further describes functional limitations of claim 1; that said, the portion of the back side of the hypothetical wearer is capable of extending higher on the hypothetical wearer than the portion of the front side of the hypothetical wearer).
Regarding claim 5, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) further teaches a waistband defining the upper end of the athletic shorts, wherein the waistband comprises a curved shape configured to rise higher above the back fabric panel than above the front fabric panel (See Camilleri, Figs. 2-4; waistband (106) of the modified athletic shorts of Camilleri as described above as modified by Schutz would have a curved shape that rises above the back panel higher than the front panel; waistband (106) defines an upper end of the modified athletic shorts).
Regarding claim 6, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claims 1 and 5 above) further teaches wherein the waistband has an arcuate lateral profile that curves upward from above a midpoint of the front fabric panel to above a midpoint of the back fabric panel (See Camilleri, Figs. 2-4; waistband (106) of the modified athletic shorts of Camilleri as described above as modified by Schutz would have an arcuate lateral profile that curves upward from above a midpoint of front panel to above a midpoint of back panel).
Regarding claim 13, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) further teaches pads, wherein one of the pads is located within each of the left pocket and the right pocket (See Sciscente, Fig. 9; pads (10) positionable in respective pockets on hip portion of shorts).
Regarding claim 14, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claims 1 and 13 above) further teaches wherein the left pocket and the right pocket are each configured to be positioned at a respective hip of the wearer (See Sciscente, Fig. 9; pockets and pads (10) are capable of being positioned at respective hips of a hypothetical wearer).
Regarding claim 15, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claims 1 and 13 above) further teaches wherein the left pocket and the right pocket are open pockets and the pads are removably disposed in the pockets (See Sciscente, Fig. 9; pads (10) are capable of being removably disposed in pockets having slitted openings).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Camilleri in view of Schutz, Rendone, and Sciscente, as applied to claim 1 above, and further in view of WO2014/155487 to Takamoto et al. (hereinafter, “Takamoto”).
Regarding claim 3, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) further teaches wherein: the front fabric panel comprises an upper end and a lower end that are opposite ends of the front fabric panel along the longitudinal direction (See Camilleri, Figs. 2-4 and 20; front piece (110) of shorts (100) includes upper end and lower end at opposite ends of front piece (110) along height of shorts (100)), the upper end and the lower end of the back fabric panel are opposite ends of the back fabric panel along the longitudinal direction (See Camilleri, Figs. 2-4 and 20; back piece (116) includes upper end and lower end at opposite ends of back piece (116) along height of shorts (100)), the upper end of the back fabric panel is higher along the longitudinal direction than the upper end of the front fabric panel (See Schutz, Figs. 1A-2; the modified athletic shorts of Camilleri as described above as modified by Schutz include back panel that extends higher along longitudinal direction than upper end of front panel).
That said, the modified athletic shorts of Camilleri is silent to the lower end of the front fabric panel is lower along the longitudinal direction that the lower end of the back fabric panel.
However, Takamoto, in a related lower body garment art, is directed to lower body wear for sports (See Takamoto, Figs. 1A-1B; abstract). More specifically, Takamoto teaches the lower end of the front fabric panel is lower along the longitudinal direction that the lower end of the back fabric panel (See Takamoto, Fig. 1A; lower end of front of shorts is lower than lower end of back of shorts along height of shorts).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to make the lower end of the front panel of the modified athletic shorts of Camilleri lower than the lower end of the back as disclosed by Takamoto for a variety of reasons including for example, but not limited to, aesthetic purposes as desired by the wearer and/or to provide additional protective coverage for the front side of the wearer’s leg as desired by the wearer.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Camilleri in view of Schutz, Rendone, and Sciscente, as applied to claim 1 above, and further in view of US 2016/0040325 to Hussey et al. (Hereinafter, “Hussey”).
Regarding claim 8, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) is silent to wherein the first type of fabric comprises a breathability less than a breathability of the second type of fabric.
However, Hussey, in a related sport garment art, is directed to a textile construction for a sport garment in various embodiments (See Hussey, Figs. 1-8B; abstract). More specifically, Hussey teaches wherein the first type of fabric comprises a breathability less than a breathability of the second type of fabric (second textile panel positioned in areas of desired breathability is a knitted eyelet mesh fabric having increased elasticity and breathability compared to other portions of the garment; See Hussey, [0113]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the back panel of the modified athletic shorts of Camilleri from the knitted eyelet mesh fabric disclosed by Hussey for a variety of reasons including for example, but not limited to, providing increased breathability and flexibility on the rear of the garment as desired by Camilleri which seeks improved comfort for a wearer while in a seated position such as a wheelchair user (See Camilleri, Fig. 2; [0001]-[0005]).
Regarding claim 9, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) is silent to wherein the first type of fabric comprises a stretchability less than a stretchability of the second type of fabric.
However, Hussey, in a related sport garment art, is directed to a textile construction for a sport garment in various embodiments (See Hussey, Figs. 1-8B; abstract). More specifically, Hussey teaches wherein the first type of fabric comprises a stretchability less than a stretchability of the second type of fabric (second textile panel positioned in areas of desired breathability and flexibility is a knitted eyelet mesh fabric having increased elasticity and breathability compared to other portions of the garment; See Hussey, [0113]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the back panel of the modified athletic shorts of Camilleri from the knitted eyelet mesh fabric disclosed by Hussey for a variety of reasons including for example, but not limited to, providing increased breathability and flexibility on the rear of the garment as desired by Camilleri which seeks improved comfort for a wearer while in a seated position such as a wheelchair user (See Camilleri, Fig. 2; [0001]-[0005]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Camilleri in view of Schutz, Rendone, and Sciscente, as applied to claim 1 above, and further in view of US 2010/0071115 to Sadato (hereinafter, “Sadato”).
Regarding claim 10, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) is silent to wherein the first type of fabric comprises an abrasion resistance greater than an abrasion resistance of the second type of fabric.
However, Sadato, in a related sport garment art, is directed to an improved abrasion resistance fabric for use in textile products such as clothing products (See Sadato, abstract). More specifically, Sadato teaches wherein the first type of fabric comprises an abrasion resistance greater than an abrasion resistance of the second type of fabric (woven fabrics, such twill, are preferable for use in sports clothing which require abrasion resistance; See Sadato, [0065]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the front panel of the modified athletic shorts of Camilleri from the twill weave fabric disclosed by Sadato for a variety of reasons including for example, but not limited to, providing increased abrasion resistance on an exposed outer surface of a garment made to be worn by a seated wearer, wherein the back panel would not be exposed when the wearer is seated (See Camilleri, Fig. 2; [0043]-[0044]; Sadato, [0065]).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Camilleri in view of Schutz, Rendone, and Sciscente, as applied to claim 1 above, and further in view of Sadato and in view of Hussey.
Regarding claim 11, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, and Sciscente, as discussed with respect to claim 1 above) is silent to wherein the first type of fabric is woven.
However, Sadato, in a related sport garment art, is directed to an improved abrasion resistance fabric for use in textile products such as clothing products (See Sadato, abstract). More specifically, Sadato teaches wherein the first type of fabric is woven (woven fabrics, such twill, are preferable for use in sports clothing which require abrasion resistance; See Sadato, [0065]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the front panel of the modified athletic shorts of Camilleri from the twill weave fabric disclosed by Sadato for a variety of reasons including for example, but not limited to, providing increased abrasion resistance on an exposed outer surface of a garment made to be worn by a seated wearer, wherein the back panel would not be exposed when the wearer is seated (See Camilleri, Fig. 2; [0043]-[0044]; Sadato, [0065]).
That said, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, Sciscente, and Sadato, as discussed above) is silent to the second type of fabric is knitted.
However, Hussey, in a related sport garment art, is directed to a textile construction for a sport garment in various embodiments (See Hussey, Figs. 1-8B; abstract). More specifically, Hussey teaches the second type of fabric is knitted (second textile panel positioned in areas of desired breathability and flexibility is a knitted eyelet mesh fabric having increased elasticity and breathability compared to other portions of the garment; See Hussey, [0113]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the back panel of the modified athletic shorts of Camilleri from the knitted eyelet mesh fabric disclosed by Hussey for a variety of reasons including for example, but not limited to, providing increased breathability and flexibility on the rear of the garment as desired by Camilleri which seeks improved comfort for a wearer while in a seated position such as a wheelchair user (See Camilleri, Fig. 2; [0001]-[0005]).
Regarding claim 12, the modified athletic shorts of Camilleri (i.e., Camilleri in view of Schutz, Rendone, Sciscente, Sadato, and Hussey, as discussed with respect to claims 1 and 11 above) further teaches wherein the first type of fabric is twill (front panel, as modified above, is a twill woven fabric; See Sadato, [0065]) and the second type of fabric is mock eyelet (back panel, as modified, is a knitted eyelet mesh fabric; See Hussey, [0113]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0219944 to Berns et al. (hereinafter, “Berns”) in view of KR20170002602U to Park et al. (hereinafter, “Park”).
Regarding claim 12, Berns teaches an athletic outfit, comprising: a jersey comprising: two fabric panels (See Berns, Figs. 16A-16E; fabric shirt (11) having chest portion (202) and upper back portion (206); [0002]; abstract); two lateral seams that join the two fabric panels, two arm openings, wherein each of the two arm openings comprises a lowest point, a front most point, a back most point, and an intersect point at which a respective one of the two lateral seams intersects a respective one of the two arm openings (See Berns, Figs. 16A-16E; chest portion (202) and upper back portion (206) joined on either side by lateral seams; arm openings at base of each arm portion (210, 212) each have lowest, front most, and back most points and an intersect point at which a respective seams intersects the arm opening (i.e., Fig. 16D); and two uninterrupted portions of fabric, wherein each of the two uninterrupted portions of fabric is comprised by either one of the two fabric panels, and wherein each of the two uninterrupted portions extends under a respective one of the two arm openings (See annotated Fig. 16D of Berns below; chest portion (202) includes an uninterrupted portion extending under each arm opening; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
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Annotated Fig. 16D of Berns
That said, Berns is silent to wherein the intersect point is nearer to either the front most point or the back most point than to the lowest point and each of the two uninterrupted portions extending from the intersect point of the respective one of the two arm openings to an opposed point on an opposite side of the respective one of the arm openings from the intersect point.
However, Park, in a related garment art, is directed to a wheelchair-accessible upper body garment (See Park, Figs. 1-4; abstract). More specifically, Park teaches wherein the intersect point is nearer to either the front most point or the back most point than to the lowest point (See Park, Figs. 1-4; intersect point of lateral seam between rear panel (3) and more forward panel (3) and an arm opening is nearer to a back most point of the arm opening than a lowest point).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to use the rear panel seam positioning disclosed by Park on the upper body garment of Berns for a variety of reasons including for example, but not limited to, for aesthetic purposes and/or for providing a smoother and more uniform front-facing appearance of the garment by shifting a seam of the rear panel farther behind the wearer. As a result of the above modification, the modified athletic outfit of Berns (i.e., Berns in view of Park, as discussed above) would further teach each of the two uninterrupted portions extending from the intersect point of the respective one of the two arm openings to an opposed point on an opposite side of the respective one of the arm openings from the intersect point (See annotated Fig. 16D of Berns above and Fig. 4 of Park; uninterrupted portions of Berns would extend further rearward around respective arm openings thereby shifting intersect points of Berns rearward while the uninterrupted portions would still remain on an opposite side of the respective arm openings on the front of the garment).
That said, the modified athletic outfit of Berns (i.e., Berns in view of Park, as discussed above) is silent to the presence of athletic shorts.
However, Berns further discloses athletic shorts (See Berns, Fig. 1A).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include athletic shorts as disclosed by Berns as part of the overall modified athletic outfit of Berns for a variety of reasons including for example, but not limited to, providing covering for a wearer’s lower body and/or forming a complete athletic outfit for a wearer.
Response to Arguments
In view of Applicant’s amendment, the search has been updated, and new prior art has been identified and applied. Applicant’s arguments, filed March 16, 2026, with respect to the rejection of the claims under 35 USC 103 have been fully considered but are moot in view of the new grounds of rejection, as Applicant’s arguments appear to be drawn only to the newly amended limitations and previously presented rejections.
In response to Applicant’s argument that Sciscente does not teach left and right pockets located between the front fabric panel and the back fabric panel, Examiner respectfully disagrees. As discussed in the current grounds of rejection above, Sciscente teaches shorts which include pads positionable in respective pockets on hip portions of the shorts. In the modification above, these hip pocket and pad structures are applied to the modified athletic shorts of Camilleri resulting in the hip pockets which would extend between the already present front and back fabric panels taught by Camilleri.
In response to Applicant apparent arguments that Sciscente is relied upon for teaching arbitrarily chosen front and back regions or portions of a single piece of material instead of the front and back fabric panels as recited in the claims, Examiner again notes that Camilleri, not Sciscente, is relied upon for teaching the front and back fabric panels in the modified athletic shorts of Camilleri as discussed in the rejection above. Examiner further notes that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to Applicant’s argument that placing a pocket between Camilleri’s front piece and back piece would require reconfiguring pieces of fabric and any seams between them in a way neither reference suggests, again Examiner respectfully disagrees. Examiner notes that the pockets of Sciscente relied upon the current grounds of rejection as discussed above are inner pockets that are applied across the unaltered seam of the front and back fabric panels of Camilleri to extend between the front and back fabric panels of Camilleri in the modified athletic shorts. Placement of an inner pocket as discussed above would not require reconfiguring of fabric and/or seams outside of what would be considered obvious for one of ordinary skill in the art at the time of the effective filing date of the invention (i.e., applying an inner pocket to an interior hip portion of a lower body garment).
Allowable Subject Matter
Claims 16-18, 20, and 22 would be allowable if rewritten to overcome the claim objection(s), set forth in this Office action above. Claims 17-18, 20, and 22 are dependent on and therefore include the claim objection(s) to claim 16.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 16, although Camilleri in view of Schutz teach the limitations relative to the athletic shorts, and Berns in view of Park teach the limitations relative to the jersey as discussed in the rejection above with respect to claims 1 and 23, respectively, further combination of all of Camilleri, Schutz, Berns, and Park to arrive at the combined athletic outfit of claim 16 in its entirety would constitute hindsight reconstruction based on Applicant’s disclosure. Said another way, it would not have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to arrive at the combined athletic outfit of claim 16, each component garment having all the required limitations of the claim, in light of the prior art of record absent Applicant’s disclosure.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732
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